Matter of Armstead v Rice

Matter of Matter of Armstead v Rice 2012 NY Slip Op 08116 Decided on November 28, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 28, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
WILLIAM F. MASTRO, J.P.
REINALDO E. RIVERA
CHERYL E. CHAMBERS
PLUMMER E. LOTT, JJ.
2012-02771 DECISION, ORDER & JUDGMENT

[*1]In the Matter of Anthony Armstead, petitioner,

v

Kathleen M. Rice, etc., et al, respondents. Anthony Armstead, East Elmhurst, N.Y., petitioner pro se.




Kathleen M. Rice, District Attorney, Mineola, N.Y. (Robert A.
Schwartz and Jason R. Richards of counsel), respondent pro se.

Proceeding pursuant to CPLR article 78 in the nature of prohibition to prohibit the respondent Kathleen M. Rice, among others, from proceeding with an underlying criminal action entitled People v Armstead, commenced in the Supreme Court, Nassau County, under Indictment No. 950/10, and application by the petitioner for poor person relief.

ORDERED that the application for poor person relief is granted to the extent that the filing fee imposed by CPLR 8022(b) is waived, and the application is otherwise denied; and it is further,

ADJUDGED that the proceeding is dismissed as academic, without costs or disbursements.

The proceeding has been rendered academic, as the petitioner was sentenced on July 9, 2012, in the underlying criminal action.
MASTRO, J.P., RIVERA, CHAMBERS and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court